Sri Ellamman Koil-Rep v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:10.08.2017 Coram THE HONOURABLE Mr. JUSTICE M.VENUGOPAL AND THE HONOURABLE Mr. JUSTICE P.D.AUDIKESAVALU W.P.No.252of 2008 and M.P.No.1 of 2008 Sri Ellamman Koil - represented by S.A.Venkatesan Naidu Hereditary Trustee and Poojari Sri Ellammankoil, Sangagiri Town, Salem District.

.. Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam High Road, Chennai - 34.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Kottai Mariamman Koil Street, Salem - 1.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Kottai Mariamman Koil Street, Salem - 1.

4.The Inspector, Hindu Religious and Charitable Endowment Board, Thillai Vinayagar Koil, Sangagiri, Salem District.

..Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents not to acquire the lands of the petitioner temple, comprised in Survey No.128, situate at Kasturi Patti Village, Sangagiri, Salem District, measuring about 15 acres and 86 cents otherwise, than by due process of law.

For Petitioner : Mr.K.S.Gnanasambandam For Respondents : Mr.M.Maharajan Special Govt. Pleader (H.R. & C.E.)

O R D E R

[Order of the Court was made by M.VENUGOPAL, J.] The Learned Special Government Pleader for the Respondents /Endowment Board brings it to the notice of this Court that the proposed Auto Nagar Project was not given effect to and that the proposals to acquire the lands for the same was also not implemented till date. To that effect, the Learned Special Government Pleader (H.R. & C.E.) had filed a Memo dated 10.08.2017 before this Court.

2.Recording the aforesaid facts and the Memo filed, on behalf of the Respondents, by the Learned Special Government Pleader,

this Court finds that nothing survives for adjudication in the present Writ Petition and accordingly, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

(M.V., J.) (P.D.A., J.) 10.08.2017 Speaking Order Index :Yes / No Internet :Yes / No Sgl To 1.The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam High Road, Chennai - 34.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Kottai Mariamman Koil Street, Salem - 1.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Kottai Mariamman Koil Street,Salem - 1.

4.The Inspector, Hindu Religious and Charitable Endowment Board, Thillai Vinayagar Koil, Sangagiri,

Salem District.

M.VENUGOPAL, J.

and P.D.AUDIKESAVALU, J.

Sgl W.P.No.252 of 2008 10.08.2017